NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: RVA Australia Pty Ltd v Sutherland Shire Council [2017] NSWLEC 1161 Hearing dates: 13-17 February, 2017 Decision date: 30 March 2017 Jurisdiction: Class 1 Before: O'Neill C Decision: Refer to directions at paragraphs 120-121. Catchwords: DEVELOPMENT APPLICATIONS: recreation camp and access road; no legal access to the site; bush fire safety; ecological impacts; whether there is owner's consent for works required beyond the site for bush fire safety; whether the caretaker's accommodation is a separate and independent use. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Rural Fires Act 1997 Threatened Species Conservation Act 1995 National Parks and Wildlife Act 1974 Conveyancing Act 1919 Cases Cited: Union Bank v Harrison Jones & Delvin Ltd (1910) 11 CLR 492 BGP Properties v Lake Macquarie (2004) 138 LGERA 237 Huntington & Macgillivray v Hurstville City Council (No 2) [2005] NSWLEC 155 Category: Principal judgment Parties: RVA Australia Pty Ltd (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: Ms S. Duggan SC with Mr D. Beaufils barrister (Applicant) Mr M. Staunton barrister with Ms J. Reid barrister (Respondent)
Solicitors: Mills Oakley (Applicant) Sutherland Shire Council (Respondent) File Number(s): 2016/155813 and 2016/155592
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